Bombay High Court
Rupinder Singh Arora vs A To Z Retail Limited 5 Others on 28 November, 2018
Before : Ms. R. C. Kale
Master & Asstt. Prothonotary (Judl.)
Date : 28th November, 2018
CALLED FOR SETTLEMENT FOR DRAFT DECREE :-
3) COMSS/584/2016 ) Ms. Samriddhi Lodha i/b. M/s. Kanga &
DDL/44/2018 ) Co., Advocate for the Plaintiff.
DECREE DEPT. ) Mr. Mahendra V. Swar, Advocate for the
) Defendant Nos. 2 to 5.
)
) P.C.: Today the matter is listed before
)
me for settling of draft decree.
)
) The Ld. Counsel appearing for
)
the defendant states that he has taken out
)
) a Notice of Motion for recalling the ex-
)
parte order and therefore requests for
)
) adjourning the matter beyond 3rd
)
December, 2018. The Ld. Counsel for the
)
) Plaintiff objects for the adjournment
)
stating that no stay has been granted in
)
) the said Notice of Motion and therefore
)
office can proceed for settling of the
)
) Decree. She further states that the
)
corrected draft decree has been served
)
) upon the other-side somewhere in
)
October, 2018.
)
) Upon perusal of the Record and
)
Proceedings it appears that Notice of
)
) Motion No. 1170 of 2018 has been filed
)
in July, 2018 by the Defendant for setting
)
..2/-
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) aside the ex-parte order dated
) 19th June, 2018. However so far no stay
)
) has been granted against the said ex-parte
) order disposing of the Suit. Further the
)
) Hon'ble Court, while disposing of the Suit
) has also expedited the checking of the
)
) draft decree. Therefore the request of the
) Ld. Counsel for Defendant to adjourn the
)
) settling of decree is rejected. At this
) juncture the Ld. Counsel for Defendant
)
) requests to adjourn the matter for a day
) on the ground to go through the draft
)
) decree served upon him.
) By consent, matter is adjourned
)
) to 30th November, 2018. It is made clear
) that on that day I will proceed to settle
)
) the draft decree even in the absence of
) the Defendant.
)
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